[at-l] Plagiarism vs. copyright infringement [Was :Re: Plagiarism Police (was The Police)]

David Addleton dfaddleton at gmail.com
Fri Feb 9 12:18:54 CST 2007


Generally, plagiarism is taking text and representing as your own
and without attribution
Copyright infringement used to be taking intellectual property, representing
it as your own, and deriving an economic benefit from the false
representation . . . Since the advent of the internet, owners particularly
of musical and movie intellectual property, have tried to make copyright
infringement more like plagiarism by removing or reducing the element of
profit making from the false representation and by reducing the scope of the
exception for using short segments commentary, illustration, critique and
reviews etc . . . They've also tried with substantial success to increase
the time limit of their ownership rights . . .
Email that gets saved and repupblished in a data base is different from
email that just gets routinely deleted; I would suspect users and owners
of a forum such as AT-L could have some rather limited exposure under modern
copyright law if either make any $$ from the publication and retrieval of
material, including news items . . . but I don't really know . . . I'm not
an elawyer or a copyright lawyer . . .
(and I'm not giving any legal advice here, either -- if you have a legal
question, hire your own lawyer; I don't represent any users or owners
of AT-L)
(There is no tax advice here, implied or otherwise.)
(If the wrong person received this email and if the email contains
confidential information which is subject to privilege, you must destroy it
immediately or, if that cannot be accomplished, return it immediately to
sender! unless Kelly sent it in which case we get free laughs!)
(Terms of use: If you read this email and win any lottery, you must share
the proceeds with the author of this email 50/50!)
(All profits from any plagiarized or copyrighted material herein are hereby
disclaimed, refused, alienated, and returned to sender and further more,
there is absolutely no way I would have paid for any such material contained
herein, including, without limitation, all the material quoted below.)

On 2/9/07, Carla & Dave Hicks <daveh at psknet.com> wrote:
>
> Mara, et al
>
> First let me apologize and say that it was not my intent to false present
> someone else's writing as my own.  Normally when I cut and paste that
> piece I
> include "Anonymous" at the end, as that is how I have seen it a number of
> times.  I got sloppy in a rushed the cited posting.  At less one reader
> thought I had written it.  So I accept the rebuff and apologize.
>
> That said, when is posting something plagiarism vs. copyright
> infringement?
> Is written vs.oral an issue?  Can I even repeat a joke without violating
> one
> or the other malpractice?  Somehow, I suspect the there is an situational
> continuum at work in my mind.  "Academic integrity" and "commercial
> sale/use"
> are at one end with campfire talk at the other.  Where does a virtual
> campfire
> fit in?
>
> Mostly I see plagiarism defined as an academic malpractice, and/or
> discussed
> in an academic setting.  However, even there a Google search limited to
> .edu
> sites find lots of differences between institutions.  I would love to see
> the
> concept of plagiarism applied to test taking.  "I know that this Prof's
> opinion is "Xxxxx", but that is not the common consensus (common
> knowledge)
> from what I have read; so...."
>
> Copyright infringement is even mudded in my mind. As is the concept of
> intellectual property.
>
> Now that I have looked at Zar's original, it is clear that the piece I
> posted
> was derived from it, but it is different.  Assuming I like the "My Spell
> Checker Works Grate!" version better than his "Candidate for a Pullet
> Surprise", how should it be attributed?  Stick an "anonymous" on the end
> and
> add "with apology to Jerrold H. Zar"?
>
> Chainsaw
>
> ----- Original Message -----
> From: "Mara Factor" <m_factor at hotmail.com>
> To: <daveh at psknet.com>; <Trail39 at aol.com>; <at-l at backcountry.net>
> Sent: Thursday, February 08, 2007 11:03 PM
> Subject: Plagiarism Police (was The Police)
>
>
> Hi Folks,
>
> This poem was originally titled "Candidate for a Pullet Surprise" and was
> written by Jerrold H. Zar.  The entire poem is a bit longer than this
> version.  You can read the full text and its history at:
>
> http://grammar.about.com/od/spelling/a/spellcheck.htm
>
> or better yet at Zar's page:
>
> http://www.bios.niu.edu/zar/poem.html
>
> For what it's worth, my sister and brother-in-law who wrote a poem that
> was
> printed in the Boston Globe some years ago have been plagiarized many
> times
> and I was recently contacted by a forums moderator when one of my pages
> was
> recently plagiarized so I guess I'm a bit sensitive to the issue these
> days.
> Plus, for many quotes, it's pretty easy to identify attributions with a
> web search even if a version distributed to you may have lost the
> attribution.
>
> I recommend including a link rather than full text, an attribution
> whenever
> possible, and a short synopsis so someone will know why they might want to
> click on the link rather than copying someone else's work.
>
> Just thought I would provide some food for thought...
>
> </plagiarism police hat = off>
>
> Mara
> Stitches, AT99
> ~~~~~~~~~~~~~~~~~~~~~~~~
> Visit my Travels and Trails web site at:
>
> http://friends.backcountry.net/m_factor
> ~~~~~~~~~~~~~~~~~~~~~~~~
>
> >From: "Carla & Dave Hicks" <daveh at psknet.com>
> >Date: Thu, 8 Feb 2007 20:02:41 -0500
> >
> >My Spell Checker Works Grate!
> >
> >Eye halve a spelling chequer
> >It came with my pea sea...
>
> _________________________________________________________________
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>
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